FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP
of online video channels with user-generated content as AVMS must be assessed individually. In this respect, the ECJ qualified as an AVMS the catalogue of videos proposed by an online press website with a content independent from that of the written press articles, since these videos, produced by a local television publisher, were comparable to those of other services of the same nature (ECJ, 21 October 2015, C-347/14). On the contrary, the ECJ found that a commer - cial video on a YouTube channel could not be considered an AVMS as it did not inform, enter - tain or educate viewers (ECJ, 21 February 2018, C-132/17). On 30 January 2024, in case C-255/21, the ECJ clarified that the term “messages broad - cast by the television broadcaster regarding its own programmes” does not cover promotional messages for a radio station belonging to the same group as the television broadcaster, unless the programmes being promoted are distinct “audiovisual media services” and the television broadcaster assumes “editorial responsibility” for them. In France, ARCOM has classified certain online video offerings as AVMS, including: • radio station websites with video catalogues (CSA, 29 May 2013); • company-operated YouTube channels (CSA, 9 November 2016); and • YouTube channels of TV stations (CSA, 3 July 2019). It follows from such decisions that programmes offered on video-sharing services (eg, “chan - nels”) may be considered AVMS if the on- demand channel includes content organised by
the editor of that service, allowing the user to choose from a catalogue of content. European Media Freedom Act The European Media Freedom Act (EMFA) entered in force on 7 May 2024 to protect media pluralism and independence in the EU. It com - plements the AMSD, the DSA and the DMA. The EMFA is part of the EU’s project to promote par - ticipation in democracy, to address fake news and disinformation and to support media free - dom and pluralism. It shall ensure an easy cross- border operation of media in the EU internal mar - ket. Thus, the focus of this legislation lies on the independence (also in regard to stable funding) and transparency of media ownership. The EMFA also regulates the protection of the independence of editors and the disclosure of conflicts. Furthermore, it creates a new inde - pendent European Board for Media Services, which will begin operating in February 2025 and will, among other functions, promote the effec - tive and consistent application of the EU media law framework. Further measures the legislation intends to implement include safeguards against espionage software, transparent state advertis - ing and the new user right to customise their media offering. These new rules will better pro - tect editorial independence, media pluralism and journalistic sources, ensure transparency and fairness, and bring better co-operation of media authorities through the new European Board for Media Services.
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements
Local telecommunication rules traditionally apply to electronic communication networks (ECNs)
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